5165.75
[Renumbered from 5111.49] Imposing remedies and fines.

(A)
In determining which remedies to impose under section
5165.72, 5165.73, or 5165.74 of
the Revised Code, including whether a fine should be imposed, the department of
medicaid or a contracting agency shall do both of
the following:

(1)
Impose
the remedies that are most likely to achieve correction of deficiencies,
encourage sustained compliance with certification requirements, and protect the
health, safety, and rights of facility residents, but that are not directed at
punishment of the facility;

(h)
The category of certification requirements with which the facility is out of
compliance;

(i)
Any
period of noncompliance with certification requirements that occurred between
two certifications by the department of health that the facility was in
compliance with certification requirements;

(l)
The facility's financial condition, exclusive of any moneys donated to a
facility that is an organization described in subsection 501(c)(3) and is tax
exempt under subsection 501(a) of the "Internal Revenue Code of 1986," 100
Stat. 2085, 26 U.S.C.A. 1;

(m)
Any adverse effect that the action or fine would have on the health and safety
of facility residents;

(n)
If the noncompliance that resulted in the citation of a deficiency or cluster
of deficiencies existed before a change in ownership of the facility, whether
the new owner or owners have had sufficient time to correct the
noncompliance.

(B)
Whenever the department or agency imposes remedies under section
5165.72, 5165.73, or 5165.74 of
the Revised Code, it shall provide a written statement to the nursing facility
that specifies all of the following: